Look Beyond The Surface

I have been anxiously awaiting the findings of Justice Thom’s judgment, as it related to the constitutionality of the power of the Director of Public Prosecution (DPP) to discontinue a private criminal case, file by a private citizen against another private citizen..........................................................................................................

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Unfortunately, after reviewing the legal arguments and the law; Justice Thom’s concluded that the DPP has the power to discontinue any private action brought against any member of the community by another member of the community; and so the DPP acted appropriately in discontinuing a private matter which was brought in the magistrate’s court against Prime Minister Ralph Gonsalves (PhD) for sexual assault and rape. ...............................................................

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I am of the opinion that Justice Thom presented an incorrect judgment. I will not make any allegation to suggest that the Prime Minister got to the honourable high court judge.......................

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I have heard of judges that were brought down for corruption, judges who have altered, changed and manipulated their finding to bias that of a particular individual or group of individuals. Yes, we have heard of judges that were bought and sold by the highest bidder. I do not know Justice Thom and I am not questioning her integrity. .........................................................................................

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I am of the opinion that Justice Thom was overcome by sympathy for the Prime Minister who is also a member of the legal fraternity, and a very “Important Man” After the judge reviewed the severity of the consequence the PM will have to suffer, it may have evoked sympathy. After all Justice Thom is human and she has emotions and feeling like all of us. She knew how great an impact her decision would have influenced this very “Important Man's” future. It is my opinion that Justice Thom failed to give an objective and professional judgment but made one from a heart of sympathy for Prime Minister Ralph Gonsalves.

Let’s review what Prime Minister Gonsalves has to lose.

1. His political career.
2. His legal practice, (disbarred)
3. His reputation,
4. The chance of going to prison,
5. And must off all to be despised in the regional and international, political and social arena.

For a man with the arrogance of Ralph E. Gonsalves, sorry; a man with the confidence of the Prime Minister Ralph E. Gonsalves will not play dead while his life is taken away from him. Everyone knows that the man is not as strong, as brave or as tough as he pretends to be. I hope that the lawyer for the PM’s alleged victim will see it fit to appeal the judgment of Justice Thom even to the Privy Counsel. ..........................................................................................................................

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I do not have any confidence in the Eastern Caribbean Court Appeal, when it comes to dealing with the matter in which Ralph E. Gonsalves is involved. However I can say that I have the utmost confidence in the Privy Counsel. Those white Englishmen will look at the arguments and the law as just another matter that needs their objective, unbiased, professional opinion and that is what they will give. I am confident that the English law lords will hand down a decision based on the facts, and the laws of the land, they will hand down a decision that will be free of prejudice. .......................................................................................................................................................

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It is for the same reason why I cannot support or will not have any confidence in the Caribbean Court of Justice (CCJ) being the final court of appeal in the West Indies. This Court will be an institution that can be easily influenced or tainted by heads of governments, etc; yes, the small Island mentality. The judges who will preside on Caribbean Court of Justice have to depend on the politicians for their appointment. An overly ambitious judge may pledge his or her allegiances to a particular island politician or political party that was responsible for their appointment on that prestigious court. Can you see the danger here?